[2015] KEHC 3577 (KLR)
The court found that the accused persons are closely related to the witnesses and that there is a real risk of interference with witnesses if they are released on bond. Additionally, the fact that their co-accused remain at large increases the likelihood that the applicants may abscond. The court held that these...
Source-derived case information.
- Citation
- [2015] KEHC 3577 (KLR)
- Parties
- Respondent: Republic; Applicant: Mzungu Shume Mwangemi; Applicant: Shume Washe Baya alias Dick Shume; Defendant: Dickson Munga Shume; Defendant: Tomnik Shume
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond rejected
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Pretrial Detention, Risk of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mzungu Shume Mwangemi
Applicant
Shume Washe Baya alias Dick Shume
Applicant
Dickson Munga Shume
Defendant
Tomnik Shume
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial.
- 2 Whether there is a likelihood of interference with witnesses if bond is granted.
- 3 Whether the accused are likely to abscond if released on bond.
Ratio Decidendi
The court found that the accused persons are closely related to the witnesses and that there is a real risk of interference with witnesses if they are released on bond. Additionally, the fact that their co-accused remain at large increases the likelihood that the applicants may abscond. The court held that these factors outweigh the presumption of innocence and the right to bond at this stage. Therefore, the application for bond was rejected, but the court left open the possibility for the application to be renewed at a later stage should circumstances change.
Court Disposition
application for bond rejected
Orders
- The application for bond is rejected.
- The application may be renewed at a later stage.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 40 OF 2014
REPUBLIC ……….……..............................…RESPONDENT
VERSUS
1. MZUNGU SHUME MWANGEMI
2. DICKSON MUNGA SHUME
3. SADIK SHUME
4. TOMNIK SHUME …......…............................ ACCUSEDS
RULING
This is an application for bond pending the hearing and determination of this case. The two accused persons have been jointly charged with two others Dickson Munga Shume and Tommick Shume who are still at large. This application for bond was made orally.
In the instant information the two Accused persons are Mzungu Shume Mwangemi and Shume Washe Baya alias Dick Shume.
The application is opposed and the grounds are to be found in the affidavit sworn by IP Ondieki the investigating officer.
The main ground is that if released the Accused person will interfere with Witnesses as they are relatives of theirs.
Secondly, that they are likely to abscond as their co-accused are still at large.
A perusal of this file shows that the first Accused was first arraigned in Court on 6th October, 2014 when it was informed that the 2nd, 3rd and 4th were still at large.
Warrants of arrest were subsequently issued against them upon application by the prosecution.
Subsequently Shume Washe Baya alias Sadik Shume was arraigned in Court on 30th December, 2014.
Since then till now the 2nd and 4th Accused are still at large while the two Accused persons presently charged before the Court cannot be held to suffer the sins of their co-accused, the likelihood that they would abscond is very high. I find that this is not an opportune moment in time to admit them to bond.
The application may be renewed at a later stage. The application for bond as of now is rejected.
Ruling delivered dated and signed this 7th day of July, 2015.
…..................
M. MUYA
JUDGE
7TH JULY, 2015
In the presence of:-
Learned Counsel for the prosecution Miss Nandi
Learned Counsel for the defence
Applicants
Court Assistant Musundi
M. MUYA – JUDGE
Hearing 29th July, 2015
…..................
M. MUYA
JUDGE
7TH JULY, 2015